'No voice unheard, no right ignored' - a consultation for people with learning disabilities, autism and mental health conditions

Closed 29 May 2015

Opened 6 Mar 2015


The Government is consulting over how to strengthen the rights of people with learning disabilities, autism and mental health issues so they can live independently, be included in their community, and make choices about their own lives.  The consultation explores a range of options on issues such as how people can:

- expect to be supported to live independently, as part of a community

- be assured that their views will be listened to and be able to challenge decisions about them and about their care

- exercise control over the support they receive with a Personal Health Budget

- know that professionals are looking out for their physical health needs as well as their mental health needs

Since Transforming Care: A national response to Winterbourne View hospital was published in 2012, there have been some improvements but the system has not gone far enough fast enough to respond to the needs and wishes of people who need services, and their families.

The scope of the consultation primarily relates to:

(i) assessment and treatment in mental health hospitals for people (all age) with learning disability or autism;

(ii) adult care and support, primarily for those with learning disability but also for adults with autism (and the links to support for children and young people); and

(iii) all those to whom those Mental Health Act currently applies (including children and young people).

Other elements included here, particularly where they relate to the Care Act 2014, may be of relevance to adults in receipt of social care, including those with other disabilities.

Some of the proposals relating to possible amendments to the Mental Health Act are not intended to apply to patients under Part 3 of the Mental Health Act (those who have entered via the criminal justice system).  This is because of those patients' particular needs and the important responsibility of the Secretary of State for Justice and the National Offender Management Service in relation to public protection.  The scope of proposals in relation to this group of patients is set ou for each relevant section.

This is a consultation by the Department of Health in England.  However, the Mental Health Act applies across England and Wales, and any changes to the law in Wales would have to be agreed by the National Assembly for Wales.

Your views are important, and the responses that the Government receives will help to inform what happens next.

What Happens Next

A summary of the responses to this consultation will be made available alongside any further action, and will be placed on the consultation website at www.gov.uk after the responses have been considered.


  • Voluntary groups
  • Community groups
  • Charities
  • Civil society
  • Advocacy or support organisations
  • GPs
  • Nurses
  • Clinicians
  • Managers
  • Commissioners
  • Pharmacists
  • Doctors
  • Paramedics
  • Dieticians
  • Occupational therapists
  • Orthotists
  • Prosthetists
  • Physiotherapists
  • Speech and language therapists
  • Allied Health Professionals
  • Care-Givers
  • Foundation Trusts
  • NHS Commissioning Board
  • Tribunal Service
  • Clinical Commissioning Groups
  • Regulatory body
  • Academic/ Professional institution
  • Employer representatives
  • Employee representatives
  • Royal Colleges
  • Local authority
  • Social care provider
  • Directors of Adult Social Care Services
  • Members of the public
  • Patients
  • Patients
  • Carers
  • Service users
  • Information providers


  • Physical health
  • Health inequalities
  • Public mental health
  • Well-being
  • Prevention
  • Health and Social Care Act 2012
  • Primary care
  • Mental health
  • Adult social care
  • Carers
  • Dementia
  • Personal health budgets
  • Education
  • Continuing Professional Development
  • Training
  • Health and well-being boards
  • Funding
  • Commissioning
  • Accountability
  • Transition
  • NHS Commissioning Board
  • Clinical Governance